Assignment of Proceeding

Richard Clark is the assigned Examiner in this proceeding.

Findings of Fact

1. The Commission published Notice of Application 03-07-013 in the Commission Daily Calendar on July 15, 2003. There are no unresolved matters or protests; a public hearing is not necessary.

2. MTA requests authority, under Public Utilities Code Sections 1201-1205, to construct, as part of MTA's ELRL project, three proposed two-track grade-separated highway-rail crossings (roadway underpasses) of the Busway, U.S. 101, and Commercial Street in the vicinity of LAUS in Los Angeles, Los Angeles County.

3. Public convenience, necessity, and safety require construction of the three proposed grade-separated highway-rail crossings under MTA's ELRL tracks.

4. MTA is the lead agency for this project under CEQA, as amended.

5. In approving the project on February 28, 2002, the MTA Board of Directors adopted the Final SEIS/SEIR for the Los Angeles Eastside Corridor (SCH No. 1999081061) and found that "The project will have a significant effect on the environment." Mitigation measures were made a condition of the approval of the project. Findings were made pursuant to the provisions of CEQA. An SOC was adopted for this project.

6. The Commission is a responsible agency for this project and has reviewed and considered the lead agency's Final SEIS/SEIR, NOD, and the SOC. We find these documents to be adequate for our decision-making purposes.

7. Safety, transportation and noise are within the scope of the Commission's permitting process.

8. For the approved project, the lead agency identified environmental impacts related to safety, transportation and noise.

Conclusions of Law

1. With respect to significant impacts from safety, transportation and noise, we find that the lead agency adopted feasible mitigation measures where possible to substantially lessen the environmental impacts to a less-than-significant level. With respect to the significant and unavoidable environmental impacts, we find that MTA enumerated several significant benefits to justify project approval. Therefore, we also adopt the SOC for purposes of our approval.

2. The Application should be granted as set forth in the following order.

ORDER

IT IS ORDERED that:

1. The Commission authorizes Los Angeles County Metropolitan Transportation Authority (MTA) to construct the three proposed two-track grade-separated highway-rail crossings (roadway underpasses) of the El Monte Busway, U.S. Highway 101 Freeway, and Commercial Street under MTA's Eastside Corridor Light Rail Transit Line tracks, in the City of Los Angeles, Los Angeles County, at the locations and substantially as described and shown by plans attached to the Application and Appendix B attached to this order, identified as CPUC Crossing Nos. 84E-0.12-B (Busway), 84E-0.15-B (U.S. 101), and 84E-0.29-B (Commercial Street).

2. Clearances and walkways shall conform to Commission General Order (GO) 143-B.

3. The State of California, Department of Transportation (Caltrans); MTA; and City (parties) shall bear construction and maintenance costs in accordance with agreements into which the parties have entered. MTA shall file a copy of the agreements with the Rail Crossings Engineering Section (RCES) prior to construction. Should the parties fail to agree, the Commission shall apportion the costs of construction and maintenance by further order.

4. Within 30 days after completion of the work under this order, MTA shall notify RCES in writing, by submitting a completed standard Commission Form G (Report of Changes at Highway Grade Crossings and Separations), of the completion of the authorized work.

5. This authorization shall expire if not exercised within three years unless the Commission extends the time or if the parties do not comply with the above conditions. The Commission may revoke or modify authorization if public convenience, necessity or safety so require.

6. The Commission grants the Application as set forth above.

7. Application 03-07-013 is closed.

This order becomes effective 30 days from today.

Dated October 30, 2003, at San Francisco, California.

A P P E N D I X A

ENVIRONMENTAL DOCUMENTS

A P P E N D I X B

PLANS

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